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ElizabethBrandtFirstEssay 5 - 28 May 2016 - Main.EbenMoglen
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Interviews and Rationales | | Before coming to law school, multiple lawyers explained that successful start-ups would never choose to work with anyone other than an established firm. This might be true for start-ups that are relatively mature, but it’s probably less true the less mature the start-up is, which also likely correlates to its ability to have significant impact on the people that work there. Ultimately, I believe that there are start-ups that can have a significant and positive effect on their founders, employees, and surrounding community. These companies can foster important conversations within communities, provide jobs, and improve life for others. While these companies are few and far between, it’s important to me to develop a framework for finding these companies and creating a pathway to make them clients.
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Why are very early-stage businesses overwhelmingly likely to fail a
better place for a community-aware lawyer to put her effort than
less immature businesses? Why, really, is "startup" a category?
For investors, and for a certain kind of "solutionist" entrepreneur,
one can see the attraction. But would you feel more effective if
you were Elizabeth Holmes' lawyer at Theranos than if you
represented an Ethiopian immigrant who has built from absolutely
nothing a chain of dry cleaners around Washington DC?
It seems to me that the draft itself recapitulates that process of
leaving the personal ostensibly behind. The riff on interviewing
and Felix Cohen doesn't really need to be there anymore: it's taking
space rather than shedding light. The center of the essay lies in
the "how to be a startup lawyer" quandary. Which isn't really a
quandary. Knowing how to get results, which is building your
license, and knowing how to relate to people who help you find
clients, which is building your network, are accessible skills: you
can wonder less in the large and act more confidently in the local.
Acquire the ability to get results for businesses: know from the
inside what they require to deal with subject matter regulation,
finance, labor law, immigration, real estate: some combination of
the problems that all businesses deal with. Lay your networks among
investors, if you want to represent the hamster-wheels for
interesting people that VC call "startups." Meet bankers, public
servants, real estate handlaers: all the sorts of people who
affect through their decisions the destinies of businesses. Those
are your network as well as the lawyers who have been doing things
you want to do longer than you have. Worry less about how to do
some particular kind of practice building, and more about acquiring
the skills and experience that every practice-builder needs. Use
law school intelligently. But you're at the beginning. So for now,
write about how. Then come back in a couple of months and start
doing it.
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